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 Terms and Conditions

 

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE SITE www.bangalorebased.com. BY ACCESSING AND USING THE SERVICES OF THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE.

eResource India (hereinafter referred to "Our" or "us" or "We") operating the website www.bangalorebased.com. (the "Site"). By accessing and/or using this Site you (hereinafter referred to "You" or "Your" or "Yourself") are contractually agreeing to the following terms and conditions, including those available by hyperlinks (collectively, the "Terms and Conditions").
 


MODIFICATION OF THESE TERMS AND CONDITIONS
eResource India has the absolute discretion to amend or supplement any of these Terms and Conditions at any time without giving “You” any prior notice. Your use of the Site following any such modification constitutes “Your” agreement to follow and be bound by the Terms and Conditions as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this Site or to particular content are also considered as Terms and Conditions for using the Site. In the case where the Customer or the User no longer wishes to use the Facility on the new terms and conditions he is free not to visit the website.
 


FOREIGN JURISDICTION
The services of the Facility are being offered only to residents of India. Provided however, that the Facility is not available to foreign residents including non-resident Indians ("NRI's") in foreign jurisdictions where the Facility cannot be offered without prior regulatory compliance. It shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to verify whether the Facility can be accessed and utilised in their respective jurisdictions. The services which are part of the Facility do not constitute an offer to sell or a solicitation of an offer to buy any policies/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
 


REGISTRATION WITH THE SITE
If registration is requested, You agree to provide us with accurate and complete registration information. It shall be “Your” responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of “Your” information and password. “You” shall be responsible for all uses of “Your” registration, whether or not authorized by “You”. You agree to immediately notify us of any unauthorized use of “Your” registration or password.

When You register with the Site, You will be asked to provide us with certain information including, without limitation, your name, surname, contact number, date of birth, gender, and a valid email address. In addition to these Terms of Use, You understand and agree that We may collect and disclose certain information about You to third parties.
 


USE OF THE SITE
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or to the Content in any manner whatsoever. You agree not to add to, subtract from, or otherwise modify or delete the Content, or access or make an attempt to access any Content that is not intended for You, except as provided in this Terms of Use. You agree not to use the Site in any manner that might interfere with the rights of third parties. You may not use the Site if you are not above eighteen (18) years of age. Please get a parent's or guardian's consent/permission before accessing the Site or any portion thereof. You are also requested not to reveal any personal information about Yourself or anyone else (for example, telephone number, home address or email address) if you have not attained 18 years. You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for Your personal purpose.


RESTRICTIONS ON USE.
You agree that you will not (and will not permit others to):
1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site;
2. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. use the Site for promotional or commercial purposes, unless expressly allowed to do so by us;
4. use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews;
5. use the Site to promote bias, racism or discrimination against protected classes;
6. use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
7. use the Site to transmit or post illegal materials, including material that is pornographic or obscene;
8. use the Site in connection with the solicitation of personal information from minors;
9. use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
10. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than Your Content), except as expressly authorized by us;
11. reverse engineer any portion of the Site;
12. remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content;
13. collect or record information about Users;
14. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;
15. access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
16. reformat or frame any portion of the Site;
17. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our Siites technology infrastructure; or
18. attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
 


CONTENT SUBMISSION
We act as a channel for the online posting, distribution and publication of user-submitted Content and have no obligation to screen communications or Content in advance and are not responsible for screening or monitoring any material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, We may investigate the allegation and determine in good faith and it's Our sole discretion whether to remove or request the removal of such communication.

By submitting content to any public or non-public area of the Site, including message boards, buy/sell, forums, and contests, you grant us and Our affiliates a royalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
 


MODIFICATION, EDITING AND DELETION OF CONTENT
The Facility shall be offered in a phased manner at the discretion of eResource India. eResource India reserves the right to add, amend, revise suspend or cancel in whole or in part any of the services which are part of the Facility, without any prior notice to the Visitors, Customers or Users. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitor, User and the Customer. eResource India may introduce new services in relation to the Web Site from time to time. The existence and availability of the new services as part of the Facility will be notified on the Web Site as and when they become available and any revisions in the Terms and Conditions will take place in accordance with these Terms and Conditions.

Users of the Site will be able to post comments and advertisements on the Site. Such User agrees not to post, directly or indirectly, any comment that is derogatory, abusive, obscene, defamatory, offensive, infringing or violate of applicable laws in any way. The opinion as to whether such post/comment is derogatory, abusive, obscene, defamatory, offensive, infringing or violate of applicable laws shall be solely at Our discretion.

However, at no point of time, will a User be able to modify, edit or delete any comment once posted by such user. All modification, editing and deletion rights shall be vested with us and will be at Our sole discretion.
Content submitted for publication on the Site may in Our discretion be edited, in whole or in part, for length, clarity, legal applicability and/or consistency.
 


CONSULTING SERVICES
The availability of the information and the guidance as part of the Consulting Services does not constitute a recommendation by eResource India or any of their personnel or the experts used eResource India for the Web Site, to buy any products etc. While adequate care would be taken to ensure completeness, accuracy etc of the information/services provided, any investment or other decisions will be based solely on the Visitor's own evaluation of the products, financial circumstances and his need for the same.
 


USE OF "COOKIE" FILE FEATURES
eResource India reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect users' preferences.


INTELLECTUAL PROPERTY
We grant You the right to access this Website and use the Facility in accordance with these terms and conditions, and for no other purpose. Please note that the Facility including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, eResource India and/or by eResource India's suppliers and may protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries, and the Terms and Conditions.

The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Website, are registered and unregistered Trademarks of eResource India by and others. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of eResource India or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that eResource India will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Any reproduction, reverse engineering, decompiling, disassembling, modification, copying, distribution, transmission, display, publishing, sublicensing, creation of derivative works from, transferring or redistribution of the Facility is expressly prohibited by law, and may result in severe civil and criminal penalties.

We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.

You acknowledge that the Facility is licensed to You, not sold. eResource India owns the Website and the Facility, its application and proprietary and the intellectual property connected therewith.


CONTENT DISCLAIMER
We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties and You. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Site, which may also include technical inaccuracies or typographical errors.

We make no guarantee, nor do We take any responsibility for the Content including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.

We reserve the right, in Our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
 


LINKING TO THIRD PARTY WEBSITES
This Web site contains links to Web sites operated by parties other than us. These links in this Website will leave You our site. Such links are provided for Your convenience only and eResource India does not control such Websites, and is not responsible for their contents. Your use of such Web site is also subject to the terms of use and other terms and guidelines, if any, contained within each such Web site. In the event that any of the terms contained herein conflict with the terms of use or other terms and guidelines contained within any such Web site, then the terms of use and other terms and guidelines for such Website shall prevail.

You agree to click on the links to, and familiarize with, the terms of use and other terms found in the sites to which this Website has links to, and abide by them.

The linked Web sites are not under our control and We are not responsible for the contents of any linked Web site or any link contained in a linked Web site, advertisements appearing in or products offered by or any changes or updates to such Web sites. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by us of the Website.


WARRANTY DISCLAIMER
You expressly agree that use of the Website is at Your sole risk. The Website is provided on an "as is" and "as available" basis.

We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc in this Website or any part thereof.

We shall not incur any liability direct or indirect, to You or any third party, as a consequence of non-functioning of any equipment belonging to You, any third party or us. We shall not be responsible for any downtime of such equipment.

We do not warrant that access to the Website and the Facility will be uninterrupted, timely, secure, or error free; nor do We make no warranty as to the results that may be obtained from the Website or use of the Facility or as to the accuracy or reliability of the Facility.

We make no warranty regarding the transactions entered into through the Website. No advice or information, whether oral or written, obtained by You from or through the Facility or any person shall create any warranty not expressly stated herein.

We shall not be liable for any action taken by You based on or relying on the information provided in or by the Website.

We will not be liable for any virus that may enter Your system as a result of You using the Facility. We make no guarantees to You or third parties that the Facility would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to You as a result of Your use of the Facility.

If You are dissatisfied with any portion of this Website, the Facility or with any of these Terms and Conditions, Your sole and exclusive remedy is to discontinue using this Website.


LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall eResource India, its employees and partners, its suppliers and its third party Advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary, arising out of or in any way connected with the use/delivery/performance of this Website, with the delay or inability to use this Website or any links or items on the Website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or other wise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Website or obtained or messages received or transactions entered into through or from the Website or resulting from unauthorized access to or alteration of Your transmissions or data, even if We have been advised of the possibility of such damages.

You agree that We shall not be liable for any damages arising from interruption, suspension or termination of the Facility, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall we liable for you or any of your damages, if any, by/for accessing the Website.


DISCLOSURE OF INFORMATION
We will not disclose Your information to any person, unless acting under a good faith belief that such action is necessary to:
Conform to legal requirements or comply with legal process;
Protect and defend our rights or property;
Enforce the Terms and Conditions; or
Act to protect the interests of our members or others.

We may also share the collected data with a sponsor or other third party that is interested in serving You. You may inform us at any time not to share Your personal information with third parties by sending us an e-mail message at legal@bangalorebased.com. We may also use Your personal information for the purposes of providing You with any services to which You subscribe, and any service-related activities such as collecting subscription fees from You for those services, and notifying You or contacting You regarding any problem with, or the expiration of, such services.


INDEMNITY
You shall indemnify, defend and hold us harmless, and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our prior written consent.
 


TERMINATION AND CONSEQUENCES
www.bangalorebased.com reserves the right to terminate or suspend your account If You violate any of the Terms of Use or We have reasonable grounds to believe that You have violated any of the herein mentioned terms, We may at any point of time, either temporarily or indefinitely, terminate Your access to the Site or any part thereof without giving any prior notice to You.


GOVERNINGLAW AND JURISDICTION
The Terms of Use and any action related hereto shall be governed by the laws of India without reference to the conflict of laws provisions thereof. We and You hereby agree on behalf of yourselves and any person claiming by or through You that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to the Terms of Use or the subject matter hereof shall be adjudicated at an appropriate court located in Bangalore in the State of Karnataka, India.


CHANGE OF POLICY
eResource India reserves the right to change this Legal Disclaimer, Terms & Conditions and Privacy Policy, at any time by posting revisions on the Website.


CUSTOMER SERVICE
Questions or comments regarding the Site or the Terms of Use may be submitted to Our Customer Service at legal@bangalorebased.com


Postal Mail
eResource India.
# 143, Kamaraj Nagar, Avarampalayam, Coimbatore - 641006


Copyright 2009-2010 eResource India. All rights reserved.

 

 

 

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